Text of the provision
Art. 2233. Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Exemplary damages cannot be recovered as a matter of right — the court decides whether they should be adjudicated at all.
Questions about this provision
Related provisions
- Article 2232 — Exemplary Damages in Contracts.
- Article 2234 — Entitlement to Compensatory Damages First.
Cases citing this article
- San Miguel Pure Foods Company, Inc. vs. Foodsphere, Inc./Foodsphere, Inc. vs. San Miguel Pure Foods Company, Inc, G.R. No. 217781 / G.R. No. 217788, June 20, 2018 — read the decision on LawPhil →
- Philippine Stock Exchange, Inc. vs. Antonio K. Litonjua and Aurelio K. Litonjua, Jr, G.R. No. 204014, December 5, 2016 — read the decision on LawPhil →
- Pilipinas Shell Petroleum Corporation vs. John Bordman Ltd. of Iloilo, Inc, G.R. No. 159831, October 14, 2005 — read the decision on LawPhil →
- Quezon City Government, et al. vs. Fulgencio Dacara, G.R. No. 150304, June 15, 2005 — read the decision on LawPhil →
- Bank of the Philippine Island vs. Casa Montessori Internationale, et al, G.R. No. 149454, May 28, 2004 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.